The other is a non-traditional procedure known as Alternative Dispute Resolutions (ADR) and it is now currently being used more frequently than the traditional method as a way to reach an agreement in a dispute. The author will briefly discuss the similarities and differences of traditional litigation vs. non-traditional forms of ADR. Traditional litigation requires that a grievance be filed with the court and therefore the plaintiff has a certain amount of time to submit an objection to these allegations. What follows next is a pre-trial, then a trial. The trail allows each opposing party is allowed to state or present their side of the case.
A written statement submitted to the court to persuade it as to the correctness of a party’s positions is: (Points : 2) a. Memorandum of law b. Interrogatory c. Bill of particulars d. Verification 3. The initial pleading in a civil action in which plaintiff alleges a cause of actions is: (Points : 2) a. Counterclaim b. Response c. Cross-action d. Complaint 4. The person who brings a lawsuit is called a: (Points
A complaint is a written account of the victim’s legal claims against the defendant if the letter is not sent out. Depending on where the case is that is where the compliant has to be filed out. After the lawsuit has begun, all parties may need depositions of everyone that have imperative information that has to do with the case. Some cases people are interviewed about the situation. The deposition is recorded, and it most likely happens at the attorney’s firm without a judge being there.
The trial process includes jury selection, opening statements, plaintiff and defendant cases, rebuttal and rejoinder, closing arguments, jury instruction, jury deliberation and verdict, and entry of judgment, followed by possible appeals. Pretrial Litigation Process Pleadings consist of the “paperwork filed with the court to initiate and respond to a lawsuit” [ (Cheeseman, 2010, p. 35) ]. The plaintiff, or suing party, initiates the lawsuit by filing a complaint containing the parties involved, laws allegedly violated with validating facts, and a prayer for relief stating the asking remedy with the court. The court answers by issuing a summons to the defendant requiring an answer in court. The court serves the answer on the plaintiff.
What are the four stages of the judicial process? Pretrial Trial Deposition Appeals Describe each stage, explaining in detail any differences between the criminal and civil courts 1). Pretrial is a conference held before the trial begins to bring the parties together to outline discovery proceedings and to define the issues to be tried; more useful in civil than in criminal cases. Typically, a criminal defendant's first court hearing is an "arraignment" before a judge or magistrate. An "arraignment" is an appearance in court where charges are formally read to a defendant.
(Points : 1) True False Question 8.8. Conversion is wrongfully taking or retaining an individual’s personal property and placing it in the service of another. (Points : 1) True False Question 9.9. Jim files a suit against Kino. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a neutral third party who renders a legally binding decision.
The client just has to choose the appropriate form for the dispute. According to Harms (2011), the chart below compares each type of litigation: Nontraditional Litigation | Traditional Litigation | Less formal | More formal | Quick resolution | Slower resolution | Less expensive | More expensive | Heard by an arbitrator or mediator | Heard by a judge | You get an opinion | You get a judgment | The opinion can usually be filed with a court and turned into a judgment | Judgments are enforceable through the court system | | | (para. 3-4, pg. 1). Contrast of the Two Litigation Forms There are several stages and methods a client must go through or choose when dealing with the traditional or nontraditional litigation method.
This record helps to remind all those involved in a case what has been said in court, so that the case can be decided based on a text that can be reviewed. Q: How are records of testimony made? A: There are three methods of preserving testimony in depositions or at a trial: (1) a stenographic reporter may take down the words by pressing levers on a machine; (2) an attendant reporter may be present to oversee an electronic system (and sometimes a video camera) to record spoken words; or (3) an electronic recording may be made without direct human involvement or intervention. All three systems record the words of testimony, but vary in cost and usefulness. All criminal cases are attended by a court reporter, but a court reporter is required in civil hearings only if a party asks for one.
Traditional and Nontraditional Litigation System - Option I Today's society is very familiar with the process of litigation and all its ramifications. According to Cheeseman, "the process of bringing, maintaining, and defending a lawsuit is called litigation" (2010). Litigation can be defined as the process of taking a case though court. The process is a time-consuming, expensive and challenging procedure that must comply by a predetermined set of rules. It is a process that is emotionally draining and unpredictable.
The World Court has some similarities to the US Courts. Basically the way facts are presented is much like in the US Court system. The plaintiff states their case and then presents their facts and evidence, followed by the defendant. The U.S. Court system have attorneys that represents the plaintiff and defendant where the World Court does not. What is an advisory opinion?